Filed: Aug. 16, 2011
Latest Update: Feb. 22, 2020
Summary: FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS August 16, 2011 TENTH CIRCUIT Elisabeth A. Shumaker Clerk of Court ERIC ADAMS, Petitioner - Appellant, No. 11-1258 (D.C. No. 1:11-CV-00529-LTB) v. (D. Colorado) BLAKE R. DAVIS, Respondent - Appellee. ORDER AND JUDGMENT * Before KELLY, HARTZ, and HOLMES, Circuit Judges. Eric Adams is serving a sentence imposed by the United States District Court for the Eastern District of New York. He has filed an application for a
Summary: FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS August 16, 2011 TENTH CIRCUIT Elisabeth A. Shumaker Clerk of Court ERIC ADAMS, Petitioner - Appellant, No. 11-1258 (D.C. No. 1:11-CV-00529-LTB) v. (D. Colorado) BLAKE R. DAVIS, Respondent - Appellee. ORDER AND JUDGMENT * Before KELLY, HARTZ, and HOLMES, Circuit Judges. Eric Adams is serving a sentence imposed by the United States District Court for the Eastern District of New York. He has filed an application for a ..
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FILED
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
August 16, 2011
TENTH CIRCUIT Elisabeth A. Shumaker
Clerk of Court
ERIC ADAMS,
Petitioner - Appellant, No. 11-1258
(D.C. No. 1:11-CV-00529-LTB)
v. (D. Colorado)
BLAKE R. DAVIS,
Respondent - Appellee.
ORDER AND JUDGMENT *
Before KELLY, HARTZ, and HOLMES, Circuit Judges.
Eric Adams is serving a sentence imposed by the United States District
Court for the Eastern District of New York. He has filed an application for a writ
of habeas corpus under 28 U.S.C. § 2241 in the United States District Court for
the District of Colorado, contending that the New York federal court did not have
jurisdiction in his case because the prosecution was “removed” from New York
state court. The Colorado federal district court dismissed the application as
improper under § 2241 because Mr. Adams has an adequate and effective remedy
*
This order and judgment is not binding precedent except under the
doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th
Cir. R. 32.1.
under 28 U.S.C. § 2255. The court also imposed filing restrictions on Mr. Adams
because of his repeated § 2241 applications raising the identical claim.
On appeal Mr. Adams challenges the dismissal of his application (but not
the filing restrictions). The ruling of the district court was clearly correct. We
AFFIRM the decision below. We DENY Mr. Adams’s motions to order appellee
to file a brief, to hold oral argument, to order that he be provided supplies to
assist him in filing a brief, and to proceed in forma pauperis.
ENTERED FOR THE COURT
Harris L Hartz
Circuit Judge
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